CHAPTER 4. LEAVE OF ABSENCE FOR MILITARY TRAINING

IC 10-17-4
    Chapter 4. Leave of Absence for Military Training

IC 10-17-4-1
Restoration to former position; seniority; pay
    Sec. 1. (a) This section is subject to IC 10-16-7-5 andIC 10-16-7-6.
    (b) A person who:
        (1) is a qualified member of the reserve components of thearmed forces;
        (2) is a member of the Ready Reserve;
        (3) is a member of an organized unit;
        (4) in order to receive military training with the armed forces ofthe United States not to exceed fifteen (15) days in one (1)calendar year:
            (A) leaves a position other than a temporary position in theemploy of an employer; and
            (B) provides evidence:
                (i) defining date of departure and date of return forpurposes of military training ninety (90) days before thedate of departure; and
                (ii) of the satisfactory completion of the trainingimmediately after the training is completed; and
        (5) is qualified to perform the duties of the position describedin clause (A);
is entitled to be restored to the person's previous or a similar positionwith the same status and pay.
    (c) Seniority continues to accrue during a period of absencedescribed in subsection (a), and the period of absence for militarytraining must be construed as an absence with leave. At thediscretion of the employer, the leave may be with or without pay.
As added by P.L.2-2003, SEC.8. Amended by P.L.260-2003, SEC.3.

IC 10-17-4-2
Vacation; sick leave; bonus; advances and other advantages
    Sec. 2. Absence for military training does not affect an employee'sright to receive normal vacation, sick leave, bonus, advancement, andother advantages of the employee's particular position.
As added by P.L.2-2003, SEC.8.

IC 10-17-4-3
Action for damages
    Sec. 3. If an employer fails to comply with sections 1 and 2 of thischapter, an employee may:
        (1) bring an action at law for damages for the employer'snoncompliance; or
        (2) apply to the circuit court for equitable relief that is just andproper under the circumstances.
As added by P.L.2-2003, SEC.8.
IC 10-17-4-4
Reserve member of armed forces call to receive temporarymilitary training; restoration to former position; compensationand benefits
    Sec. 4. (a) This section is subject to IC 10-16-7-5 andIC 10-16-7-6.
    (b) A person who, as a reserve member of the armed forces of theUnited States, is called upon to receive temporary military trainingis entitled to a temporary leave of absence from the person'semployer not to exceed fifteen (15) days per calendar year. A persondescribed in this section shall:
        (1) provide the employer with evidence of the dates of theperson's departure and return as soon as practicable before theperson's departure; and
        (2) furnish the employer, upon the person's return, evidence ofthe person's satisfactory completion of the training.
Upon the person's return, the person shall be restored to the person'sprevious or similar position, with the same status that the person heldbefore leaving for the person's training period.
    (c) A leave granted under this section may be granted, with orwithout pay, within the discretion of the employer.
    (d) A temporary leave of absence granted under this section doesnot affect the rights of the person to vacation leave, sick leave, orother normal benefits of the person's employment.
As added by P.L.2-2003, SEC.8. Amended by P.L.260-2003, SEC.4.

IC 10-17-4-5
Action for damages
    Sec. 5. An employer that refuses to grant an employee atemporary leave of absence as provided in section 4 of this chapteris subject to a suit for any damages sustained by the person deniedthe leave of absence.
As added by P.L.2-2003, SEC.8.